Cavman Posted February 18, 2007 Share Posted February 18, 2007 Is it worth the effort filing an appeal from 70/IU asking for 100 P&t? Also, my award says 70/IU p & t. I didn`t even know a 70 iu p&t existed. Cavman Link to comment Share on other sites More sharing options...
HadIt.com Elder Hoppy Posted February 18, 2007 HadIt.com Elder Share Posted February 18, 2007 Caveman, This came up on my claim many years ago. It is my recollection that if you can get 100% schedular that this is the best way to go. However, if the 100 was to be based on an extra-schedular rating then it is the same process as 70% + IU. They just do the IU rating if you have not worked in a long time. I got the P&T also. When I was rated I had not worked in over ten years and told the DRO their was no way that I would return to work. It is my understanding that if you are 100% schedular for a medical condition that you can have earnings from employment without risking a reduction in you rating. If you were 100% schedular for a psychiatric condition that was based on employment functioning, returning to work could reduce your rating. Hopefully, other folks have the M-21citings on this readily available. Link to comment Share on other sites More sharing options...
Cavman Posted February 18, 2007 Author Share Posted February 18, 2007 It really depends in the situation. But in most cases you will not get to 100% schedular. I guess the question I have for you is what is the addition disability that you have that makes you think you can get to 100% schedular. Normally unless you have a life threating condition, or loss of use of limbs, it is almost impossible to get to 100%. Remember too that 100% and tdiu pay the same thing. I`ve read many BVA cases where vets have been moved from 70 to 100. They all do not have an IU rating though. I guess there really is no advantage to being 100 p & t to being 70 w/IU p & t. They both have the same benefits. My main concern was getting school help for my daughter which because of illness I would not be able to afford. Now I can, so I am a happy man. I have decided to leave well enough alone. Cavman Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted February 18, 2007 HadIt.com Elder Share Posted February 18, 2007 Caveman It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that. Link to comment Share on other sites More sharing options...
frosty69 Posted February 19, 2007 Share Posted February 19, 2007 rickb54 and fla_viking When I got bumped up to 70% with TDIU, for PTSD, I got my P&T at the same time, so it does happen on occasion, then about a year later I put in a claim for panic attacks with Agoraphobia , I had a C&P exam, without the VA telling me I was getting a C&P, so was approved for that, then they bumped me up 100% scheduler for PTSD. I guess it all depend on how bad the VA feels your disability is, in getting the right percentage. Link to comment Share on other sites More sharing options...
Cavman Posted February 19, 2007 Author Share Posted February 19, 2007 Caveman It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that. john999: My 70/iu says p & t with chapter 35, champva etc. At least thats the way I read it. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted February 19, 2007 HadIt.com Elder Share Posted February 19, 2007 Caveman Yes you got the whole thing. Now you can start sleeping at night. Congrats and take a break and wait for the back pay check. Don't spend it all in one place. 100% schedular is something to go for if you thing you can get A&A or are housebound. You have a year to file a NOD so take a break. Link to comment Share on other sites More sharing options...
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Cavman
Is it worth the effort filing an appeal from 70/IU asking for 100 P&t?
Also, my award says 70/IU p & t. I didn`t even know a 70 iu p&t existed.
Cavman
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